Citation Nr: 0210485
Decision Date: 08/26/02 Archive Date: 09/05/02
DOCKET NO. 02-08 674 ) DATE
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On appeal from the
Department of Veterans Affairs Regional Office in Montgomery,
Alabama
THE ISSUE
Entitlement to service connection for residuals of frostbite
of the feet.
REPRESENTATION
Veteran represented by: Disabled American Veterans
ATTORNEY FOR THE BOARD
C. L. Mason, Counsel
REMAND
The veteran served on active duty from August 1958 to August
1960. This matter comes before the Board of Veterans'
Appeals (Board) on appeal from a June 2001 rating decision of
the Department of Veterans Affairs (VA) Regional Office (RO),
which denied a claim for service connection for residuals of
frostbite of the feet (including toes).
In his substantive appeal, submitted in June 2002, the
veteran requested a hearing before a member of the Board
sitting at the RO (i.e., Travel Board hearing). The RO has
not yet scheduled such a hearing, and it should do so.
38 U.S.C.A. § 7107 (West 1991 & Supp. 2002); 38 C.F.R.
§§ 19.75, 19.76, 20.703, 20.704 (2001).
Accordingly, this case is remanded for the following:
The RO should schedule the veteran for a
Travel Board hearing in connection with
his appeal. After the hearing is
conducted, the case should be returned to
the Board, in accordance with appellate
procedures.
L.W. TOBIN
Member, Board of Veterans' Appeals
Under 38 U.S.C.A. § 7252 (West 1991 & Supp. 2002), only a
decision of the Board of Veterans' Appeals is appealable to
the United States Court of Appeals for Veterans Claims. This
remand is in the nature of a preliminary order and does not
constitute a decision of the Board on the merits of your
appeal. 38 C.F.R. § 20.1100(b) (2001).